How long do I have to file a claim with the Disputes Tribunal?

Question Details: Recently severe damage was caused to my car because of a dangerous car park building. The company that owns the building claims it isn't liable. At the moment I have exams to study for and want to know if waiting 2 weeks until they are over is too late to sort this matter out.

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Answers by Lawyers

Community Law Wellington & Hutt Valley

No, two weeks will not be too long to wait before taking action.

Usually you can take up to six years to file a claim in the Disputes Tribunal. But it is much better to deal with the issue as soon as possible, because if you leave it long it will get harder and harder to prove and to resolve.

As soon as you can, you should collect evidence of what happened (like photos of the damage and the place where it happened, if possible). You could make a note now of the basic facts and circumstances of the collision, and ask any witnesses for their accounts, because notes written soon after the incident are usually best.

Make sure you keep a record of any communications with the company. If you do go to the Disputes Tribunal they will want to know whether you have tried to resolve the dispute and communicated with the company.

Further information on making a claim to the Disputes Tribunal, as well as the application form, is available by clicking on these links:

www.justice.govt.nz

www.communitylaw.org.nz

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